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6th DCA Calls for Benson Apportionment in Unpublished Ruling

Friday, November 11, 2011 | 0

A workers' compensation judge erroneously failed to apportion an injured worker's award pursuant to Benson v. WCAB, California's 6th District Court of Appeal concluded. Case: SCIF v. WCAB (Dorsett), No. H036724, 11/10/11, unpublished.Facts: James Dorsett suffered a specific back injury while employed by South Valley Glass, in March 2000. He underwent two cervical spine injuries, including a discectomy and fusion. Between November 2002, and June 2004, Dorsett suffered a cumulative trauma injury to his cervical spine while working for A-Tek Glass.State Compensation Insurance Fund ins...

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